Telegram-herald., 1887-07-30
A SENSIBLE DECISION
ReNOeRsO 81 JUDGE sURuNesNs
In the in3aaetiss Case g3last ths Street
Railway Ssspsns -1'1s ta5sn csiSA
Sustained tntil q Proper orai-
azEes is Passed

In the injunction salt Of Thomas n
Peek and Others Ags.nss the Street, RAJ "a,
| relative - the PROPOSED line IA Jefferson
ave. STATE and Chsffy-sts.. Judge Berlin
game Yesterday rendered az elaborate dsols
ion, which vii be OF .atervsi
90 not only residents on lhs
streets named snG those ia Tie sue.
eFos nssr The proposed line bat 10 resi-
dents of other sections AZ the c.ly pher,
nep lines oi street railways are proposed
Therefore the full ts4I OF the decision j.
| given as follows
Ia tlis case II appears from the pleading.
silc ihe es .aencc f4sf some ti1as about jar
! ~. l.s3. petitions signed bY Wm 81 Gonin-
s9n, francis Class IS. " HealheGy snd
| 81 others. citizens of orand haYias. living
aesr lne Ioposed route OF lhe stree Raj
gay IA question, were presented TO tae
common Council asking Tor al extension
/ ol defendant stree. railway 0a fUiton-sl.
iriieIson-aFe State aut berry % city
4 limits ia sad city That fle ssHfe VAS re-
| leIrcI 10 special committee ca4-isu1e ~
Geo. T. lantind ,. n Stanley, John 81.
| Creque and J.. A. HuLiiy Ihai GA January
| 81 tle sc0nmiitse reported ilat they had
| carefully examined the same and lnd that
zfns living rlong tie proposed rcuie aud is
vicinity. and also citizens who own large
amount OF valuable property fronting up0n
| said T04ie are IN favor and desire "a 4
street railway 70 bc built. and iHssmucA IS
no fefaOlstrAucc Las been Ille1, although
ample tme has been aliOWei Tor tae same
| by 9Ogr committee, we therefore recon-
mend that the prsyer OF TIE petitioners be
! granted
The report was adopted without die
senting voice.
In pursuance of said petition and on re-
| commentator OF said committee the COUn-
cil passed resolution declaring the build
lng oi the road a public necessity The
street Hallway Company was therein or
dered 10 build and operate a line OF street
| railway on SAID route and 10 begin the same
the first day OF May. lSs7, and 10 complete
u ~ the fFSt day 81 August. Ies7 and the
Clerk was Instructed 10 notify said com
p3ny Oi the psgsase Ot the resolution. and
i tney shall iail ~ file tleir assent ia VIII
ing 10 the same with him lor spsce OF
thirty days, then this OOuucii will grant
permis. ion 10 some other individual or cor
p0rauOn 10 construct the same This res
oiutiOn was carried without q dissent = !,
voice. Within the thirty davs tAe cDmranv
filed its acceptance and il Is nof now claimed
by either party believe, thsi tas above
resolution was oi Itself sgdice1i 10 give
authority 10 the Street RAILWAY Company
h control the valuable lrsnchisea connected
with TINS route or authorize ihe1e 10 brrir
active ra'lons toward the construction ot
line Of street railway GA this r0ute. Tor
The reason that oy virtue oi The passage Oi
inat bare resolution 10 equivalent 10 tuo re-
ourcd statutory ordinance was nessaf. And
subsequently some Time in March IL appears
thst ihc Council took step 10 pass ihe
necessary statutory ordinance. o. at least
au ordinance intended o. theIa TO be sufi-
c.ent 10 legally authorizes SKID Company 10
begin operations by the lrsi oi Nay, - re-
Quised Dg iac former resolution.
THAT inssniuch rs the proposed ordinance
required some extra burdens 10 the com
Pany upon tnis rOu,e that had nos been re-
eWred o! thsn on other routes, the defend
snt requested lhat the Council 30 not pass
u. Dut permit them 10 relg upon the sun
cency ot = former ordinance mas .ezi A August.
los5, and which was referred to ia the pro-
posed ordinance applicable TO this route.
which wa not ia s -d.
a Is claimed by the plaintiff. TIA, the or
dlnanco ot August. lssj, is rCt sufficient
authority, IN connection .. ith the resolution
2coTe fieifd q tO, 10 autL9uL. tLe ka wav
Company 20 act. or n oihee words lha, /
does 10, iu.fiil The statutory requirements.
Ano by Occupants a. the two confer ali
the neces -aiy authority required by tbs
Siatuie-. And this IN question seeEs 10
the Court b. I'll important question.
iargs number 81 Wltbe-s-. bale been
sworn b. botl mplainsnt eud defendant.
iAc ore - 10 tie great injury 10 the street
AMI 10 tie T prouersy. . ing lhe per cent -
daiaa -e. from - az 70 O. yer aenf aud
Others 70 Ike number residing neigbbors
10 iAe former. have sworn that no .niury
Tou'G result 10 aIy residents 81 said stfeeis
aud tia isrse benefits wgu'i Tesult 80
Themselves AID ti.e 3wiIer. o. residences not
a. conveniently l1refsd.
Bui noE al 'uis tesl lmoay pro and con
bears pom t'se case tAe Court j. una1le 90
comprehend.
4hai ihe same rule applies 20 flis pre-
posed rcuie as % fry ol4-r in ihIs c.ty.
aud other cites Is Clear.y manifest There
is not street fls ritg Duf what i q
street Ialiwsy is proposed to ~ built. tie
same reasons m4y rot apply az L. these
streets. oi 3D. not dolut thaf strong f,lti-
fioHs au4 proiests can be fe.ufcI f5r and
act INST ad upoD any 0iher street e-pe-
cisily aalDg tlose who grp 80 located in 30
close proximity o. fte business portion
tha' '.ev do not require tae ace3miaoda.
ton -, street cars 10 ~ so AMI return from
their bu mess. aIia we can see nO reason
shy cry snOuai 5e prsc.udea from en-
J aflnf fhe bcne1ts ~ srri metropolitan
clnTE lces rs q street fs'lw way 10 oraer 10
reach - >uUurHs. Simply beta1sea few who +
are able io kesp ibe.r oWa ilrn0uts. or who
llyc so Gear .nat lE IS Do convenience Tor
fteH. should enter t8eIr protests Wlile
nlue.i isf.ff number ie-s lagorabig .iiasfed
~ havne Jess wealth. az their commsnd
sI34 be fsec. uded from such necessary
sccommpaa is-s.
huch tvifeaee hss been inirodnosd rela-
tre 90 the with of these streets end tie /
3 oi auftsf end the mg1e CT iugress aud
Q -f.ss 10 aua fraa Toe various prem ises
lae streets of thls ard 81 lsrge Cf5es are
-ifa.el ior iraFe. anU l0r fbe scc0n mods
for efc, cf sewers. water an J gss pipes ard /
s'tcA oi1ef ro ~ Improvements ss the 1
coaFiort and convenience Of its c4tzeDs mas
ge4rire
b re streets Of Grand Raaisa. which
were of zinaily lal3 oIt u width fHlir.ent /
ior al highway purposes. iuc.n8ine street
"a. eaT tracks. bare through tie ine1i- /
fieneY % lis pubEr servants been turned |
ilto iswns End paved ditches. 80 thst oniv
? neCf ~ twenty fesi is Iefs Tor the travel I
ing Purposes ~ bizhvev. who j. 70 blame /
for toe permission - sleb condition unless 4
TIE 1tzsns tasrnss vss whose ssfrsnts al /
Iublig eleeTs shoai3 be
r To-e - pecallar JOS ti0n for court I
- say f..at oecause p portion u the CITIZENS 4
rest1sn 1 street. s1s oi tie opinion fhsf 1
these nost uecesssrv r1ezrs q trzveI ul 4
II are tren sld tassr rrerer+y csrisia i
Isr ceai Eh--e Increases tae co1rer-
1ences q tas usnT sn1 tbs Va ue 81 more 4
s1a larger f e. fhsf = e1a~f sh5aia i
ee olf - q iss cr1at e17nasseoe IL f.e 4
srsilszs esrfef 81 .1e eag snd .triksrr-ss 4
Fisa rss - ca1 ast rsils or 11f
sb1 s" siresf csrt enT ~ sfrroatt sach 4
p e. rtrs fal Wars srs So f~